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construction work in the shop next door during the night

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  • 15-03-2018 7:51pm
    #1
    juanjo
    Registered Users Posts: 249 ✭✭


    Hi,

    I just got a letter from the shop next door saying that they will be doing construction during one night next week. In the letter they state they cannot do it during the day and put a lame excuse, I assume they don't want the construction to interfere in their daily business.

    This is a shop that opens 7 days a week, from 7am to 10pm during weekdays and from 9am to 10pm during weekends, they are poorly soundfroofed and I've already complained about the noise with the city council, but they said they cannot do anything as the noise comes from inside the building.

    Is this legal? Do they need any special permissions to do this kind of work? I've already took the noise problem as a lost battle but this new development made me decide to post it here.

    Can anyone shed a bit of light here regarding these issues? Any advices/suggestions?

    Thanks in advance.

    Edit: Sorry I put this here, I just realized this is more for buying/selling, please mods move it if in wrong subforum.


Comments

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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    One night? Hardly a huge inconvenience.


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    #3
    fritzelly
    Registered Users Posts: 17,510 ✭✭✭✭fritzelly


    davo10 wrote: »
    One night? Hardly a huge inconvenience.

    It is if they are trying to sleep and get up for work in the morning

    http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types


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    #4
    Cheshire Cat
    Registered Users Posts: 2,277 ✭✭✭Cheshire Cat


    Ask them to pay for a night in a hotel while they do the work. Having to deal with noise during the day AND at night is unreasonable, even if it is a once off.


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    #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    fritzelly wrote: »
    It is if they are trying to sleep and get up for work in the morning

    http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types


    it's still only one night, and they are giving notice. A good set of earplugs should do the trick. It's amazing what people complain about.


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    #6
    fritzelly
    Registered Users Posts: 17,510 ✭✭✭✭fritzelly


    davo10 wrote: »
    it's still only one night, and they are giving notice. A good set of earplugs should do the trick. It's amazing what people complain about.

    They are being selfish, as the OP already said there is a lot noise during the day and instead of losing a little bit of business they would rather put out other people, on top of that construction work at night is illegal unless they have a special exemption which wouldn't extend to commercial properties in this manner


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    #7
    duffman13
    Registered Users Posts: 8,952 ✭✭✭duffman13


    davo10 wrote: »
    it's still only one night, and they are giving notice. A good set of earplugs should do the trick. It's amazing what people complain about.

    Get a grip, one night of no sleep is not a minor inconvenience and is something most people would complain about. Speak to the shop then if no luck contact the council


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    #8
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    fritzelly wrote: »
    They are being selfish, as the OP already said there is a lot noise during the day and instead of losing a little bit of business they would rather put out other people, on top of that construction work at night is illegal unless they have a special exemption which wouldn't extend to commercial properties in this manner

    Was the shop there before the op moved in?

    Look, it could be illegal, it could be noisy, but it's not a month, a week, it's one solitary night. Ear plugs.


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    #9
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    juanjo wrote: »
    Hi,

    I just got a letter from the shop next door saying that they will be doing construction during one night next week. In the letter they state they cannot do it during the day and put a lame excuse, I assume they don't want the construction to interfere in their daily business.

    This is a shop that opens 7 days a week, from 7am to 10pm during weekdays and from 9am to 10pm during weekends, they are poorly soundfroofed and I've already complained about the noise with the city council, but they said they cannot do anything as the noise comes from inside the building.

    Is this legal? Do they need any special permissions to do this kind of work? I've already took the noise problem as a lost battle but this new development made me decide to post it here.

    Can anyone shed a bit of light here regarding these issues? Any advices/suggestions?

    Thanks in advance.

    Edit: Sorry I put this here, I just realized this is more for buying/selling, please mods move it if in wrong subforum.

    Check with the local authority to see if permission is needed for the works and if it was applied for and granted.


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    #10
    fritzelly
    Registered Users Posts: 17,510 ✭✭✭✭fritzelly


    davo10 wrote: »
    Was the shop there before the op moved in?

    Look, it could be illegal, it could be noisy, but it's not a month, a week, it's one solitary night. Ear plugs.

    It's not a dripping tap, but it'll be grand when he's driving the bus in the morning and can't stay awake

    OP, do as suggested above about the hotel room, if they don't then entertain it then call the garda on the night it starts. Hours of operation would have been part of the planning application (assuming they do have that)


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    #11
    stimpson
    Registered Users Posts: 7,821 ✭✭✭stimpson


    Totally illegal. See here: http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types

    The permissible hours of operation of a building site within Dublin City are;

    Monday to Friday 07.00 – 18.00

    Saturday 08.00 – 14.00

    Sundays and Public Holidays No noisy work on site.

    These hours are often specifically conditioned at the planning permission stage, and therefore are enforced by the Planning Enforcement Section of Dublin City Council. You can search for a Planning Application here.

    In the event that a planning condition has not been applied regarding hours of operation, the Air Quality Monitoring and Noise Control Unit will deal with the complaint.

    I’d go straight to the council with the letter. No point complaining when it starts.


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    #12
    L1011
    Registered Users Posts: 68,807 ✭✭✭✭L1011


    stimpson wrote: »
    Totally illegal. See here: http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types




    I’d go straight to the council with the letter. No point complaining when it starts.

    If it isn't something that needed planning, it won't be covered by that regulation.

    This is effectively a legal query and certainly isn't a consumer query so closing, moving and letting the mods there decide if its allowable


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    #13
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Moved to Accommoddation & Property. Best place to get advice I think.

    dudara


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    #14
    Mrs OBumble
    Registered Users Posts: 25,950 ✭✭✭✭Mrs OBumble


    davo10 wrote: »
    Was the shop there before the op moved in?

    Look, it could be illegal, it could be noisy, but it's not a month, a week, it's one solitary night. Ear plugs.

    If you move in next to, above, below ... a business you know that there will be times when they do work at night.


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    #15
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Mrs OBumble wrote: »
    If you move in next to, above, below ... a business you know that there will be times when they do work at night.
    Depend on the nature of the business, obviously. There are relatively few businesses that involve all-night construction work, and most people would take damn good care not to move in beside one.

    OP, I think the "night in a hotel" idea is a good one. The shopowners are scheduling this work for their own economic avantage - they want to miminise trading downtime. The burden of this falls on you, and there is no reason why they should take the desired benefit of the nightwork while leaving you to bear the burden. Them paying for a night away for you is a reasonable compromise.

    If that doesn't work, you could take the matter up with the local authority, who are the enforcement agency for environmental nuisance, including noise.


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